Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1887-05-26
sUpsa1oR oouRT

In the case Of the Clarks VA Cburch,,.,
In the superior court, yesterday afta
moon week. Jeremiah Walters. eolorod 7,
the plaintiffs, testified TO tho oon5;,;a,, = J
the creek bank before and aftar AZ y
that permitted olark's meadow land u i,
flooded. '''"u W
The receipted bill OF the Ama,,o,,
Dredging Company, for $500 paid NV M,
oiark for repairs on the bank was offers
Harry Bordham testified that be live
on the OlArk farm, under lease fro,
Mrs. olark, the owner, during the ver
1850 the year the cut in the bank ,va
made ny Ohurchman.) He had oonye,
hnlon about the cut with Ohurel,mo,
VINO said he had "been trying for aom
time to get that farm out Of Olarh,
hiInda, and now had pretty we'll dona !,
And didn't care who knew it," He M
told the witness that he did n n intend /,
allow Clark to join him ON the banL n
oiosing the out. When he went on ~
farm, IN February, 1885, he found al,ou
~ acres OF the pasture land ..kilIean h,
the Hood. There was no pasture or ho,,
crop ON the meadow that year. on accom-,
OF the water lot In by the out IN tbe hs,I
When this witness finished. Mr. Rad
lord hsld ms testimony revealed u defeo
the aecinratlon Of the plaintiffs, which
alleged that the possession OF the farm
MAs vested IN Emma A. OlArk, whereas 4
was IN the possession Of Henry Bordham
as tenant on shares under a lease. Mrs
Oiark ", therefore, entitled TO only one
naii OF damages under the forms OF IA,
lease. He asked for leave to amend tbs
declaration in this respect.
Mar. Higgins vigorously objected. Alta,
aiscussion the decision of the subject
was reserved until morning, when tbe
plaintiff Will submit an amendment. tbc
full nature Of which they could NOT state
&C the time, "''''e
William Hamilton was called and teati
hed that in 1886, while cunning for mil
bird, he went in boat through tho ont
IA the creek bang, and found water
enough ON the meadow 10 20 over In n
boat during the shooting Beason.
Jacob Henry Miller, a young colored
man was called, but said that he worked
ON the creek bank in 1904, aud could moi
remember that he worked there mora
recently. Mr.. Nields said as his almanac
did not agree with theirs he would excuse
him.
Frederick Munson, colored, worked on
the bank In 1856; he described the liam.
age done by the flooding Of the meadow.
Anthony Reybold testified 10 the good
condition Of the CLARK farm meadow land
In the fall of 1884, before the bank was
cut. Afterwards Mr.. Ohurchman told
him that MIR. Clark could not put up the
bank again; also, that il anybody would
get hold OF the mortgage on Clark's farm
and sell the property they would get a
cheap place. Witness said that in his
opinion the damage caused by the flood.
ing from the cut in the bank was at least
$4,000. $3.50
AT o'clock court adjourned until 10
o'clock, Thursday morning.
superior court was opened by Pro-
thonotary Maxwell Thursday, Orier
Smith being detained at homo by sickness.
A similar case 10 that of 'tBiR Frankn
Mccoy, the bank burglar, was brought
before the court on an application made
by Harry Emmons, Esq, for the dis
charge from prison of Charles Blake.
Tho prisoner was sentenced to term of
three years for burglary aud larceny,
which term recently expired, but Blake.
like big Frank" made his escape from
court held that the prisoner should serve
full three years in prison and refused the
application. The prisoners wife accom-
panied the counsel in conrt.
In the case of the Lycoming Insurance
company vs.. various parties, J. Alexan
der Fulton, Esq, made application, on
behalf Of the plaintiff, TO amend his deo-
laration generally. Tho request was
granted.
The case OF Clark Va. Ohurchman was
then resumed, and MIR. Nields, for the
plaintiff, asked leave to withdraw the |
first count of their declaration entirely,
and 10 amend the second count by citing |
Henry Bordham as tenant OF Emma A. |
Olark's farm ON terms of equal shares of |
the crops and money derived.
The proposition was favored by Messrs.
Bradford md Nields and opposed by Mr.. |
Higgins. After an earnest argument the |
court granted the leave 10 amend. MIR.
Higgins, for the defence, noted IN excep.
ton.
The REORGANIZATION Of Anthony Rey-
bold was then resumed and lie described
In detail the construction of river banks.
He thought dry or tight bank better
Ihan wet bank. He said that Mr.. CLARK
was sick at the time the bank was cut.
nearly ut the point OF death, and did not
Know OF it until after his recovery. In
he conversation witness hnd with Mr..
the latter said that Mr. Clark
was $l2, 900 behind in his interest," and
hat anybody who bought his mortgage
would get a cheap farm.
John ID. Lefevre also gave testimony in
'avor of dry banks over wet banks.
Thomas r. Lyman was recalled, and
vas asked how much the state Of affairs
resulting from the cut in the bank would |
appreciate the value of the Clark farm.
He said he would not have the farm as q
lift with that cut in the bank.
David II. Lyman knew the Clark farm |
md thought the cut in the bank had so
.uined It that nobody would want 1t.
With tight bank to prevent the flooding
II the meadow, II would be a valuable
arm. He thought the loss sustained by
he food during the first season was fully
IS, 900.
j. Curtis Clark was recalled and testi-
led that the grass grew nicely on the
meadow after the fall of 1884 (prior to
he cutting of the bank, and the pros
,ects for good crop the following year
we're good. He considered that the in
ury done the farm by cutting the bank
vas fully $4,000. 1t would take two or
hree years to restore the land to its
ormer good condition, during which
lime the loss on crops would amount TO
sG, 900 or $1,000.
Pending his cross-examination, court
adjourned until 8 o'clock, p. m.
In the case of the Olarks Vs. Church
nan, in the superior court, in the ,,
Henry Bordham was recalled ,,
nd said that TO construct return bank
N Olark's land, to keep of the overflow,
would have been very expensive, and that |,
would be costly 10 keep mp sncb bank
George X Townsend, real estate agent, !,
aid he had the CLARK farm for sale fonr
4 five years ago, at . price marked on
ia bulletin board of $40,500. He knew
lac farm and considered it worth, when
a good condition, $50 TO $40 per acre;
contained 450 acres. making its value !
( this estimate, 1927 900 to 1871 800.
William A. KINNEY estimated the cost ! !,
4 keeping up bank OH the Clark farm, ..
imiIar to the one on the Ohurchman
arm, nj about $500 per year. John Is.
Iefeyre estimated the cost at 3 por rod
5 Annum.
Tho plaintiffs hete rested.
A.. Higgins, for the defendant, sub,
..stod TO the court that the plaintiffs lind
ot presented sufficient proof TO sustain
heir declarations. He argued for two :
ours on motion for non.suit.
At O'Clock court adjourned until ~
o'clock Friday morning.
In superior court Friday Anthony ,
Higgins, Esq, concluded his argument
or a nonsuit in the case OF Philip IL. and
smma A. Clark We. Henry l.. Churchman: